BACHCHU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Four persons, namely, Bachchu Singh, Bhanwar Singh, Nahar Singh and Girraj were tried by Additional Sessions Judge (Court No. 4), Aligarh for offences punishable under Sections 302/34 I. P. C. and 307/34 I. P. C. During the pendency of the trial, Girraj died. Vide judgment and order dated 15-7-2003, the learned Judge convicted and sentenced Bachchu Singh, Bhanwar Singh and Nahar Singh in the manner stated hereinafter: (i) Under Section 302/34 I. P. C. to death, and (ii) Under Section 307/34 I. P. C. to seven years' R. I. and to pay a fine of Rs. 5,000/- each, in default to undergo one year's sentence.

(2.) AGGRIEVED by his conviction and sentence Bachchu Singh preferred in this Court Criminal Appeal No. 281 of 2003 and aggrieved by their conviction and sentence Bhanwar Singh and Nahar Singh preferred in this court Criminal Appeal No. 3412 of 2003. Capital Sentence Reference No. 9 of 2003 arises out of the reference made by the learned Judge under Section 366 (1) Cr. P. C. for confirmation of death sentence of Bachchu Singh, Bhanwar Singh and Nahar Singh.

(3.) THE evidence of Head Constable Kailash Chandra P. W. 7 shows that on 21-5-1996, at 12. 10 a. m. Netrapal Singh alongwith Khajan Singh, Balveer Singh and Jaswant Singh came at the Police Station and lodged his F. I. R. on the basis of which he registered a case in the General Diary for offences punishable under Sections 307/302 I. P. C. and prepared the chik F. I. R. A perusal of the chik F. I. R. shows that the distance between the place of the incident and Police Station Khair is 7 kilometres and in the F. I. R. the four accused persons, namely, Bachchu Singh, Bhanwar Singh, Nahar Singh and Girraj are named. THE evidence of Head Constable Kailash Chandra further, shows that he prepared the chitthi Mazroobi (a letter of request for medical examination) and sent Khajan Singh for medical examination.